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Terms & Conditions & Disclaimer

Rules for using our website as at September 2019

Disclaimer

Colours are not exact.

Colours shown on this website are a representation only. Please refer to the product or product sample.

Terms & Conditions

1. Application of Terms

1.1.These Terms apply to your use of any website in our network including https://www.harrisons.nz/, https://harrisonscarpet.co.nz/, https://harrisonscurtains.co.nz/, https://harrisonsenergy.co.nz/ (each a Website and together, the Websites). By accessing and using any Website:

1.1.1. you agree to these Terms; and

1.1.2. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2. If you do not agree to these Terms, you are not authorised to access and use any Website, and you must immediately stop doing so.

2. Changes

2.1. We may change these Terms at any time by updating them on the Websites. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the relevant Website, you agree to be bound by the changed Terms.

2.2. We may change, suspend, discontinue, or restrict access to, any Website without notice or liability.

2.3. These Terms were last updated on 12th September 2019.

3. Definitions

In these Terms:

  • including and similar words do not imply any limit
  • Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
  • personal information means information about an identifiable, living person
  • Terms means these terms and conditions
  • Underlying System means any network, system, software, data or material that underlies or is connected to a Website
  • We, us or our means Harrisons Group and Harrisons at Home Limited
  • You means you or, if clause 1.1.2 applies, both you and the other person on whose behalf you are acting.

4. Your obligations

4.1.You must provide true, current and complete information in your dealings with us and must promptly update that information as required so that the information remains true, current and complete.

4.2.You must:

4.2.1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, a Website or any Underlying System, or otherwise attempt to damage or interfere with a Website or any Underlying System; and

4.2.2. access the Website via standard web browsers only and not by any other method, unless you have our prior agreement. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.3. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.

5. Intellectual Property

5.1. We (and our licensors) own all proprietary and intellectual property rights in each Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

6.Disclaimers

6.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss whatsoever in connection with:

6.1.1. any Website being unavailable (in whole or in part) or performing slowly;

6.1.2. any error in, or omission from, any information made available through a Website;

6.1.3. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use a Website. To avoid doubt, you are responsible for ensuring the process by which you access and use a Website protects you from this; and

6.1.4. any site linked from any Website. Any link on a Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2. We make no representation or warranty that any Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7.Liability

7.1. To the maximum extent permitted by law:

7.1.1. you access and use any Website entirely at your own risk; and

7.1.2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) a Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to $100.

7.3. To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with any Website, or your access and use of (or inability to access or use) any Website, must not exceed $100.

8.Privacy Policy

8.1. Our privacy policy is located here.

9. Suspension and termination

9.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Websites (or any part of them).

9.2. On suspension or termination, you must immediately cease using the Website(s) and must not attempt to gain further access.

10. General

10.1.If we need to contact you, we may do so by email or by posting a notice on one of, or all, the Websites. You agree that this satisfies all legal requirements in relation to written communications.

10.2.These Terms, and any dispute relating to these Terms or a Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or a Website.

10.3. For us to waive a right under these Terms, the waiver must be in writing.

10.4. Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.

10.5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

10.6. These Terms set out everything agreed by the parties relating to your use of a Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to a Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

10.7. These Terms do not over-ride our Privacy Policy.

PROMOTION – GENERAL RULES

GENERAL

1.The Specific Rules for a Promotion, along with these General Rules, form the terms and conditions for the Promotion (the “Rules”).

2.The Promotion is open to New Zealand residents only. In addition to any restrictions noted in the Specific Rules, the following individuals may not enter this Promotion:

(a)Employees of Harrisons or Local Busines Owners, participating sponsors, promoters and/or associated advertising agencies (and their family members);

(b)anyone who has been made aware of non-public details of the Promotion by employees of Harrisons, participating sponsors, promoters and/or associated advertising agencies (and their family members);

(c)anyone who has won a prize from Harrisons running this Promotion either

in the 14 days prior to the Promotion start date or (where the prize was valued at over $1000) during the period 90 days prior to the Promotion start date;

(d)anyone under 18 years old, unless otherwise stated in the Specific Rules.

3.Unless otherwise specified in the specific rules, entrants must complete all stages of entry themselves. Entries cannot be sent in through agents or third parties on another person’s behalf, and websites or multiple accounts will be disqualified.

4.Harrisons decision is final in relation to the selection of prize winner(s), any dispute regarding the Rules, and/or the conduct or the results of a Promotion.

5.Harrisons reserves the right to cancel, terminate, modify or suspend the Promotion or Prize and/or vary the Rules at any time without prior notice.

6.Harrisons may refuse or disqualify any entry (including winning entries) if Harrisons decides in its sole discretion that the entrant has not complied with these Rules, or if he or she has acted in a way which Harrisons reasonably considers to be inappropriate, unlawful, offensive or otherwise not in the spirit of the Promotion. If the winning entry is disqualified, Harrisons reserves the right to award the prize to another entrant without notice to the disqualified entrant(s).

7.Where a winner is selected by a voting mechanism: Harrisons decision on voting arrangements and validity of votes will be final. Harrisons reserves the right to discount votes if Harrisons suspects bulk voting is taking, or has taken place, to inappropriately influence or manipulate the voting procedures. Harrisons reserves the right to disqualify anyone who is suspected of engaging in, or benefitting from, irregular or fraudulent voting.

8.The Promotion is governed by New Zealand law.

PRIZES

9.Harrisons reserves the right to substitute the prize(s) for a prize of equivalent or greater monetary value.

10.If the winner(s) can’t be contacted within a reasonable time period or are not able or available to accept the prize for any reason which is beyond Harrisons' reasonable control, then Harrisons reserves the right to award the prize to another entrant.

11.Prizes are personal to the winners and can’t be transferred to someone else. If the winner can’t accept the prize for any reason (e.g. the winner can’t travel on the required dates), Harrisons can award the prize to another winner. Prizes are not exchangeable for cash or another item.

12.Where the prize includes air travel and/or accommodation, either international or domestic, the winner (and any travel companion) are responsible for paying all additional costs associated with the prize that are not specifically included, including (where applicable) transport to and from the respective airports, and any other transport (other than the flights awarded as part of the prize), accommodation, meal costs, spending money, insurance, travel documentation and all other incidentals. Winners must be responsible for having a valid passport and organising and meeting any visa requirements.

13.Harrisons will not be liable for any prize(s) that do not reach the winners for reasons beyond Harrisons’ reasonable control. Where a prize is being supplied by a third party, Harrisons accept no responsibility in connection with the provision of the prize, including without limitation, the failure of the winner to receive ownership of, or use of, the prize or any performance issues associated with the prize.

14.Harrisons will not be liable for failure to provide (or delay in providing) the Prize resulting from any events, circumstances or causes beyond its reasonable control, including but not limited to acts of god (natural disasters), acts of war or terrorism, national emergencies, issues of public health and safety, mechanical breakdown, industry disputes, riots or failure of communication or power supply or voluntary or involuntary compliance with any regulation, law or order of any government.

15.Prizes may be subject to additional terms and conditions imposed by a third party (for example, vouchers may have additional terms and conditions and/or an expiry date or in the case of travel, additional terms and conditions may be imposed by airlines, service providers and venues).

16.Harrisons will not be responsible for any loss or damage suffered by entrants or anyone else as a result of, arising out of, or in any way connected with the Promotion or its prizes.

17.Where the Promotion is conducted across social media:

(a)Entrants’ conduct must comply with the rules of that social media platform.

(b)The Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or Snapchat. These social media platforms are in no way responsible for any aspect of the Promotion.

PERSONAL INFORMATION

18.By entering this Promotion, entrants agree to the use of their names, photographs and likeness for promotional/advertising purposes, and agree to make themselves reasonably available for this purpose. Any copyright associated with an entry will be owned by Harrisons.

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